PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  890620

3.  Authority for separation:

      a.  Regulation:  Chapter 2, Paragraph 2-12, AR 135-175

      b.  Reason:  Moral or Professional Dereliction

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           NONE
    a.  Period entered for:  8 Years
    b.  Entry date:  850521
    c.  Age:  18 Years   DOB:  660730


    d.  Educational level:  Col Grad
    e.  Aptitude area score:
          GT:  NA                                3.  Highest grade
achieved:
    f.  Length of Service:                         01
          4 Year(s)  0 Month(s)  29 Day(s)


                                               4.  Performance evaluations:

                                                   See OMPF

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE

    Status       Inclusive dates
      AWOL

      Mil conf

      Civil conf

      Other


6.  Nonjudicial punishment:  NONE

      Date  Offense(s)



7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  NONE


                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      ADT        840604    840821       Honorable
      USMCR      840821    850520       NA




                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  Evidence of record shows that on 21 May 1985, the applicant
enlisted in the Reserve of the Army as a participant in the
ROTC/Simultaneous Membership Program at Loyola University in Chicago,
Illinois.  On 23 May 1987, he was appointed as a Second Lieutenant under
the provisions of the Early Commissioning Program (Chapter 6, AR 145-1) and
reassigned to an initial unit with an anticipated graduation date of 21 May
1989.  On 18 August 1988, the applicant verbally admitted to falsifying his
medical history to obtain initial enlistment; and, on 20 August 1988
notified his unit of his intent to resign his commission.  On 21 August
1988, the acting unit commander executed a Memorandum for Record,
indicating that he spoke with the applicant of his intent to resign his
commission and that JAG had advised the applicant to stop attending drills
to secure a transfer to the Individual Ready Reserve (IRR) and subsequent
discharge.  The unit then sent the applicant a DA Form 4651-R (Request for
Reserve Component Assignment or Attachment) requesting his signature for
voluntary reassignment to the IRR.  On 1 October 1988, the applicant
received the DA Form 4651-R by certified mail and failed to respond to the
request.  On 12 January 1989, the unit commander initiated the transfer to
the IRR under the provisions of Chapter 2-12, AR 135-175, moral and
professional dereliction - failing to satisfactorily participate in drills.
 The applicant was advised of his right to appear before a board of
officers, to be represented by counsel, to submit a brief in his behalf,
and to have at least 30 days to prepare his case.  The applicant failed to
respond to the notification of his rights.  On 19 January 1989, the
intermediate commander(s) reviewed the proposed discharge action and
recommended approval of the separation action with a general, under
honorable conditions discharge.  On 14 June 1989, the separation authority
accepted the applicant’s resignation in lieu of separation and directed
that the applicant be discharged under the provisions of Chapter 2-12, AR
135-175, with a characterization of service of general, under honorable
conditions.

      b.  On 20 June 1989, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years and 29 days of military
service in the period under review and had a total of 5 years and 16 days
of military service.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 135-175
sets forth the basic authority for the separation of officer personnel.
Chapter 2-12, in effect at the time, established policy and prescribed
procedures for the involuntary separation of members for moral or
professional dereliction.  Moral and professional dereliction included:
Intentional failure to meet personal financial obligations; mismanagement
of personal affairs to the discredit of the service; intentional omission
or misstatement of facts in official statements or records for the purpose
of misrepresentation; acts of personal misconduct; homosexuality;
intentional failure to participate satisfactorily in required IRR training;
conviction by civil court of a felony resulting in confinement; and,
conduct unbecoming an officer.  Officers discharged for any of the
following reasons may be furnished an honorable or general discharge
certificate, or other than honorable conditions discharge.

                      SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.


2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 031111.
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE



                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, D.C. on 18 August
2004.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The applicant has not submitted an issue of
                   propriety and the ADRB has not otherwise relied upon an
                   issue of propriety to change the discharge.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully reviewed the
applicant’s record during the period of service under review.  The evidence
of record shows that the applicant admitted to falsifying his medical
records at the time of enlistment in the ROTC/SMP Program and also at the
time of appointment under the Early Commissioning Program.  Based on his
admissions, the applicant voluntarily requested resignation in lieu of
elimination and intentionally failed to participate in unit drills in order
to secure a discharge as an unsatisfactory participant.  The appropriate
authority approved the applicant's request and issuance of a general, under
honorable conditions discharge.  The Board concluded that by his
misconduct, the applicant diminished the overall quality of his service
below that meriting a fully honorable discharge.  The Board, being
convinced that the reason for discharge and the characterization of service
were both proper and equitable, voted to deny relief.

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       0         5

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1901 South Bell Street, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003099103                    INDEX NUMBERS:  A9217
Date of Review:  040818                                   A0113
Character of Service:  GD
Date of Discharge:  890620
Authority:  AR 135-175 C2
Reason:  A8000
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X